How to independently invalidate a declaration of employment in Poland in 2021

We remind you that the declaration of intention to employ is an invitation for a foreigner from a Polish company or a Polish employer, which allows you to work in Poland for no longer than 180 days a year. If there is still a valid declaration, a new one cannot be obtained and therefore a new job cannot be found. But what if the employee decides to leave his current workplace and move to another employer and the old employer does not want to invalidate the document?

What is the annulment for

There are two main reasons why an employee needs to cancel a statement:

1. Change of job – when changing jobs, it is necessary to change the declaration. The new employer issues the employee a new document, and this cannot be done unless the old declaration is revoked.
2. Dismissal – in this case, it will also be necessary to cancel the declaration, because this document has a period of operation from 180 to 360 days, so if the document remains valid after the dismissal, the permissible period of employment will be reduced even without actually performing the work.

Where the declaration is invalidated

The declaration may be canceled in the same place where it was issued – at the Poviat Labor Office.

Reasons for invalidating the declaration

There may be various reasons for invalidating a declaration, here are some of them:

• The employer does not fulfill his obligations to the employee in full
• Technical errors related to the fact that a notice of cancellation has been filed but has not actually been canceled.
• Malicious intentions – cheating the employment system and issuing “official” statements to already closed companies.

How a foreigner can invalidate the declaration himself

In Poland, there is no regulated independent procedure for canceling the declaration, but there is an act with the following content: “If a foreigner finishes work early, it is worth informing the employment office about it, otherwise the entire period of validity of the declaration will be adopted as the period of work. can be submitted by both the employer and the foreigner. ”

In practice, the foreigner is required to take only two steps to invalidate the declaration:

1. Write a statement. The application must provide the following information:

• data of the Labor Office
• information about the foreigner
• information about his employer
• invalidation parameters – the identification data and the date of issue should be copied from the document
• provide the reason for the cancellation, eg he resigned, could not come to work
• place, date and signature of the applicant

2. Send the information to the Employment Office. The easiest and most accurate way would be to submit the notification in person to the employment office or to send the notification by registered mail. For holders of digital or electronic e-PUAP signatures, the notification can be submitted via the Internet. To do this you need to:

– go to the website of the Employment Office

– Register using ePUAP

– Log in

– Find the service tab you need

– fill in the required fields of the inquiry and send them

– you will then receive a notification of acceptance of the information.

You can find out about the cancellation of the declaration by submitting a written application to the address of the office or at the Poviat Labor Office.

Important! Once again, we want to remind you – when you finish work before the deadline indicated in the statement, it is necessary to cancel this document before departure, as it will be much more difficult to do later.

Progress Holding provides a service of obtaining a declaration of intention to employ a foreigner from a Polish company? More information – write to us at office@progressholding.pl